New Hope City Zoning Code
ARTICLE X
Administration and Enforcement
§ 275-68 Zoning Officer; appointment; powers and duties.
The provisions of this chapter shall be administered and enforced by the Zoning Officer. The Zoning Officer shall be appointed by the Borough Council and shall hold no other office in the Borough. It shall be the duty of the Zoning Officer, and he/she is hereby given the power and authority, to:
A.
Receive and examine all applications for zoning permits.
B.
Review zoning permit applications for compliance with the provisions of this chapter, all other applicable ordinances and with all federal, state, county, and local laws and regulations which are relevant to the subject property.
C.
Process zoning permit applications for all permitted uses and issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws and regulations of the county, commonwealth and federal governments. Permits for uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board and provided that the applicant meets all other requirements of this chapter. Permits requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council and provided that the applicant meets all other requirements of this chapter.
D.
Receive applications for conditional uses, curative amendments and zoning changes, and forward them to the Borough Council, the Planning Commission, or other appropriate bodies.
E.
Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.
F.
Following the refusal of a permit, to receive applications for interpretation, appeals, and variances and forward these applications to the Zoning Hearing Board for action thereon.
G.
Conduct investigations to determine compliance or noncompliance with the terms of this chapter. The Zoning Officer or his/her representative may enter any Borough property, provided that the property owner receives prior notification.
H.
Enforce the provisions of this chapter by the issuance of enforcement notices or by other means. Such written orders shall be served personally or by registered mail upon the persons, firms, or corporations deemed by the Zoning Officer to be violating the terms of this chapter.
I.
Institute civil enforcement proceedings as a means of enforcement when acting with the approval or direction of the Borough Council.
J.
Maintain a map or maps showing the current zoning classifications of all land in the Borough.
K.
Keep a permanent record of all plans and applications for permits and all permits issued with notations as to special conditions attached thereto.
L.
Revoke any order or zoning permit issued under mistake of fact or contrary to the law or the provisions of this chapter.
M.
Enlist the assistance of other municipal agents and agencies in performing these responsibilities.
N.
Present relevant facts, records, and similar information to the Planning Commission, Zoning Hearing Board, or Borough Council upon request.
§ 275-69 Enforcement notice.
A.
The Zoning Officer is hereby authorized and directed, in the name of the Borough, to enforce the provisions of this section and to institute civil enforcement proceedings as provided in this chapter when acting within the scope of his or her employment as set forth in § 275-68.
B.
If it appears that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided herein. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, to any other person requested in writing by the owner of record, and to any other person against whom the Borough intends to take action.
C.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person against whom the Borough intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of this chapter.
(4)
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
(5)
The recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter.
(6)
Failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation.
§ 275-70 Violations and penalties. [1]
For penalty provisions, see § 275-102.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 275-71 Zoning permits.
A.
Requirement for a zoning permit. No use shall be established or changed, no structure shall be erected, constructed, reconstructed, altered, razed or removed, and no building or property used or occupied, changed in use, or changed in occupancy or tenant, until a zoning permit has been secured from the Zoning Officer. In addition, a zoning permit shall be required prior to any of the following:
(1)
Use of any building or other structure, or portion thereof, hereinafter erected, reconstructed, changed, improved, enlarged, or otherwise altered, regardless of requirements for issuance of a building permit.
(2)
Change in use, ownership or occupancy of any building or structure, or portion thereof.
(3)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a permit.
(4)
Change in use or expansion of a nonconforming use or structure, or portion thereof.
(5)
Change in tenant or occupant, regardless of the change representing a change in use.
B.
Application requirements. All applications for zoning permits shall be made to the Zoning Officer in writing on forms furnished by the Borough and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter. Whenever the use involves a new building or structure or alterations to an existing building or structure, an application for a zoning permit shall be made prior to application for a building permit. When no construction is involved, application for a zoning permit and a certificate of occupancy, pursuant to the Pennsylvania Uniform Construction Code, as amended, may be made simultaneously at any time prior to the use or occupancy of the land, building, or structure.
(1)
Applications shall be made in writing by the owner, tenant with owner's written permission, purchaser under contract of sale, or authorized agent for the owner and shall include the name and address of the applicant and contractor and the site location on which construction is proposed.
(2)
A certificate of approval or permit from the Bucks County Department of Health shall accompany the application if the use will involve a use regulated by that agency.
(3)
Each application shall stipulate the proposed use of the land, building, or structure. If more that one use is proposed, or existing, the application shall include a tabulation and description of all uses on the property and a brief description of the proposed work and the estimated cost.
(4)
The application shall include a site layout plan indicating the location, dimensions, height, and relation to property and street lines of proposed buildings or structures and all existing buildings or structures.
(5)
Each application shall provide data indicating compliance with all zoning standards applicable for the proposed use including, but not limited to, property dimensional requirements, parking requirements, natural resource protection requirements, etc., and indicating compliance with the requirements of Borough Ordinance No. 2005-06, the New Hope Borough Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 228, Stormwater Management.
(6)
The application shall include the location, size, arrangement, and capacity of all areas to be used for motor vehicles, off-street parking, off-street loading and unloading; all provisions for site lighting; provisions for solid waste disposal; provisions for pedestrian travel; and provisions for required lot buffering.
(7)
The location, dimensions, arrangement, and illumination of all signage shall be indicated.
(8)
A plan to control erosion and sedimentation associated with site grading and disturbance, as well as evidence of approval by the Bucks County Conservation District, if applicable.
(9)
Per Article IV, § 275-11E herein, each nonresidential use shall provide a taxpayer identification number with the zoning permit application.
C.
Permit issuance. No zoning permit shall be issued until the Zoning Officer has determined that the proposed use of land, the proposed tenant or occupant, or the existing or proposed building or structure complies with the provisions of the applicable zoning district and other provisions of this chapter. The issuance of a zoning permit does not permit occupancy of a building or structure. A certificate of occupancy is also required pursuant to the Pennsylvania Uniform Construction Code, as amended. In case of refusal by the Zoning Officer to issue a permit, the applicant shall be advised in writing of the reasons for denial and of his or her rights of appeal to the Zoning Hearing Board.
D.
Application fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule adopted by resolution of the Borough Council. In the event an application requires a request to the Borough Council for consideration of a conditional use or to the Zoning Hearing Board for consideration of a special exception, variance, or appeal of a decision of the Zoning Officer, each applicant shall pay to the Zoning Officer the appropriate application fee in the amount established in the Fee Schedule.[2]
[2]
Editor's Note: See Ch. A280, Fee Schedule.
§ 275-72 Certificate of occupancy.
A.
Requirement for a certificate of occupancy. It shall be unlawful for any person to occupy any building, structure or land, or portion thereof, under any of the conditions listed below, until the Borough Code Official, pursuant to the Pennsylvania Uniform Construction Code, as amended, and the New Hope Borough Property Maintenance Code, as applicable, has issued a certificate of occupancy. A certificate of occupancy shall be required for any of the following:
[Amended 8-8-2007 by Ord. No. 2007-09]
(1)
Initial occupancy of any building or structure, or portion thereof, intended for occupancy hereinafter erected, altered, or enlarged for which a building permit is required.
(2)
Change in use, ownership or occupancy of any building or structure, or portion thereof.
(3)
Change in occupant or tenant of any building or structure in any commercial or industrial building or structure, or portion thereof.
(4)
Change in use or expansion of a nonconforming use or structure, or portion thereof.
(5)
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a certificate of occupancy.
B.
Application requirements. All applications for certificates of occupancy shall be made to the Borough Code Official in writing on forms furnished by the Borough and shall include all information necessary to enable the Code Official to ascertain compliance with the Pennsylvania Uniform Construction Code, as amended. A separate zoning permit shall also be required as stipulated in § 275-71 of this chapter. The zoning permit and certificate of occupancy may be combined for the administrative convenience of the Borough as a certificate of use and occupancy.
C.
Certificate issuance. No land, building, structure, or facility, or portion thereof, shall be occupied until the Building Code Official has determined the following:
(1)
The Zoning Officer has issued a zoning permit.
(2)
Construction complies with the requirements of the Pennsylvania Uniform Construction Code, as amended.
(3)
Authorized representatives of water and sewer providers have supplied letters or permits indicating compliance or approval.
(4)
The Fire Marshal has approved use and occupancy.
(5)
The applicant has paid all required permit fees.
D.
Certificate fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule[1] adopted by resolution of the Borough Council. No certificate shall be issued until payment of the required fee.
[1]
Editor's Note: See Ch. A280, Fee Schedule.
E.
Issuance of temporary certificates of occupancy. A temporary certificate of occupancy may be granted prior to the completion of construction for a period not to exceed 90 days, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with the Borough, a zoning permit has been issued, and all permit fees have been paid, and provided further that the person seeking the temporary certificate posts with the Borough, pursuant to an escrow agreement in a form satisfactory to the Borough Solicitor, sufficient funds to complete the construction and all required improvements, construction, grading, etc. The Borough Code Official and the Zoning Officer must approve all temporary certificates.
§ 275-73 Use registration permits.
A.
Requirement for a use registration permit. A use registration permit shall be required prior to the sale of any property in the Borough in accordance with the provisions of 21 P.S. §§ 611 through 615, and Borough Ordinance No. 2005-04,[1] as amended.
[1]
Editor's Note: See Ch. 252, Use Registration.
B.
Use registration permit fees. All applicants shall pay to the Borough at the time of application a fee in the amount established in the Fee Schedule[2] adopted by resolution of the Borough Council. No use registration permit shall be issued until payment of the required fee.
[2]
Editor's Note: See Ch. A280, Fee Schedule.
§ 275-74 Sign permit.
See Article VII of this chapter.
§ 275-74.1 Term of permits.
[Added 1-16-2009 by Ord. No. 2009-02]
Any action authorized pursuant to a permit issued pursuant to §§ 275-71 (regarding zoning permits), 275-72 (regarding certificate of occupancy), 275-73 (regarding use registration permits) and/or 275-74 (regarding sign permits) shall be commenced within two years after the date of issuance of the relevant permit. If not, the permit shall be considered null and void.
§ 275-74.2 Fees if all permits not secured.
[Added 6-15-2010 by Ord. No. 2010-03]
In the event that an applicant shall commence construction, demolition, use or occupancy without first obtaining all required permits and all necessary certificates as required under this chapter, the amounts of the permit fees, as otherwise established by the fee schedule adopted by resolution of the Borough Council, shall be increased by the greater of a) $100; or b) an amount equal to double the original application fees which were to have been paid for the required permit; plus any costs incurred by the Borough, including legal, engineering and administrative costs incurred in securing compliance.
